Colorado
Last Updated: 08/28/2024
Colorado Family and Medical Leave Programs
What is the Update?
Colorado Family and Medical Leave Insurance (CO FAMLI)
Benefits under the CO FAMLI program became available as of January 2024. Eligible employees can take up to 12 weeks of leave per year, and an additional 4 weeks are allowed for those who have pregnancy-related complications. The maximum benefit an employee can receive in 2024 is 90% of their earnings, up to $1,100 per week. Employees are able to take leave and receive benefits under the program if they’ve earned $2,500 in wages in the last four quarters. Leave is job protected if an employee has worked for their current employer for at least 180 days.
Employers cannot require employees to use PTO while on FAMLI leave. Employers and employers can agree, however, to use PTO to “top up” FAMLI benefits. Employees cannot receive more than their average weekly wage between FAMLI leave and PTO. Employers may require that payments under the law be coordinated with payments made under the terms of short-term or long-term disability policies, however, employers must provide employees written notice of this requirement (The Larkin Company will include this written notice in our introductory letters).
The “My FAMLI+ Employer” portal allows all Colorado employers to report wage data, remit premium payments, and more. Every CO employer must be registered and submit premium payments and wage reports at the end of each quarter. Employers can find a step-by-step guide on how to register here, under the “User Guides and Additional Resources” section.
Update (06/28/24, Effective 01/01/25): Colorado recently announced the new State Average Weekly Wage (SAWW) of $1,471.34, which the CO FAMLI program uses in part to calculate a claimant’s weekly benefit amount. This updated SAWW comes with two changes to keep in mind. Firstly, the program’s updated maximum weekly benefit amount of $1,324.21 will not go into effect until 01/01/25. This update is an increase from the current maximum of $1,100. Secondly, the SAWW will be considered effective 07/01/24, and will immediately be used to recalculate the benefits of any claimants not receiving the current maximum of $1,100 a week. Employees receiving less than the current maximum will soon receive a notification through their My FAMLI+ account of their redetermined weekly benefit amount.
Update (08/28/24, Effective 01/01/25): CO FAMLI has confirmed that there will be no change to the premium rates throughout 2025. As a reminder, the contribution rate is 0.9% of wages shared equally (0.45% each) between employer and employees. Premiums are capped at the social security wage base. Employers with fewer than 10 U.S. employees are exempt from deductions and must deduct and remit only the employee portions to the state.
Handbook/Policy Updates
Notice Requirements
Employers are legally required to display the CO FAMLI notice in a prominent location, as well as notify its employees in writing upon hire and upon learning of an employee’s request to take a leave of absence. If you have employees that work remotely, we would recommend also posting this on your company intranet. The notice for CO FAMLI can be found here.
Larkin Action
The Larkin Company will consider any law changes carefully, and update our internal resources and processes, as well as our employee leave information packets, if necessary.
Further Company Considerations
Please ensure as a company you are offsetting any salary continuation/company top-up pay aligned with the updated weekly benefit rate maximum, effective 2025, as well as the adjusted weekly benefit rates of your employees who do not currently receive the maximum, effective July 2024.
Note: claims that begin on or after January 2025 are eligible for the new benefit rate (so too are any leave extensions that occur in 2024). The Larkin Company will adjust offsets for any top-up (leave of absence pay) calculations or STD, accordingly, if we handle these services for you.
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